IMPORTANT POINT
The burden is on the claimants to prove negligence on the part of the driver, and the standard of proof beyond reasonable doubt cannot be applied while considering the petition seeking compensation for death or injury in a road traffic accident.

JUDGMENT :

1. This appeal is by the claimants against the award dated 02.09.2015 passed by the Motor Accident Claims Tribunal, Bilaspur, District: Bilaspur, (C.G.) in Motor Accident Claim Case No. 351/2014 wherein, the Tribunal has rejected the claim petition in toto preferred by the appellants/claimants.

2. As per claim petition, on 27.03.2012, when the deceased Dhruv Kumar Yadav, husband of appellant No. 1 and father of appellant No. 2 to 6 was going to Village: Vidhadih to attend wedding procession of Purushottam Patel, on tractor bearing registration No. CG 10 AC 1824 and trolley bearing registration No. MP 26 E 0351, (in short ‘the offending vehicle’) which was being driven by respondent No. 1 rashly and negligently, as a result of which, deceased fell down from the trolley and came under the wheels of trolley and died. At the time of accident, offending vehicle was not insured and was owned by respondent No. 2.

3. On account of death of Dhruv Kumar Yadav, the claimants filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation to the tune of Rs.20,00,000/- on various heads. The Tribunal considering the evidence led by both the parties dismissed the claim petition filed by the claimants on the ground that the claimants have failed to prove the accident.

4. Learned counsel for the appellants/claimants submits that the Tribunal has erred in dismissing the claim petition without appreciating the evidence available on record. He further submits that the vehicle was being driven by respondent No. 1 rashly and negligently causing the accident, due to which the deceased fell down from the trolley and sustained grievous injuries and died. He further submits that as per final report and other documents, FIR was registered against the respondent No. 1 under Section 304-A of IPC and final report submitted by police after investigation against the non-applicants/ respondents under Section 304-A of IPC and under Section 146/196 of Motor Vehicle Act. Therefore, the respondents are liable to pay the amount of compensation, however, the Tribunal did not grant even single penny to the claimants, thus, the impugned award as passed by the learned Claims Tribunal may be set aside and reasonable compensation may be granted to the claimants after considering the evidence available on record.

5. On the other hand, counsel appearing for the respondents (owner and driver) supports the impugned judgment and submits that there was delay in lodging the FIR, and the driver of the offending vehicle has been acquitted of the charge under Section 304-A of IPC and there is no evidence available on record to prove the involvement of respondent No. 1 in the said accident, therefore, the Tribunal considering all the relevant aspects of the matter has rightly dismissed the claim petition, which needs no interference by this Court.

6. Heard learned counsel for the parties and perused the material available on record.

7. A vehicular accident occurred on 27.03.2012, the deceased Dhruv Kumar Yadav died due to rash and negligent driving of the offending vehicle by the respondent No. 1. Before the claims Tribunal, in order to prove the accident, Gondabai wife of the deceased has examined herself as PW-1 and one Kaushal Shrivas as PW-2 who is the eye witness to the accident. In her statement Gondabai has stated about the manner in which the accident took place claiming the life of her husband, the statement of Gondabai found support from the statement of eye witness to the incident Kaushal Shriwas (AW-2).

8. The accident was reported to the police station Masturi where offence under Section 304-A of IPC has been registered against the driver i.e. respondent No. 1 Bhagwat Patel of the offending vehicle as per FIR (Ex.P/1). After completion of investigation, police has filed Final Report under Section 173 of Cr.P.C. against non-applicants under Section 304-A of IPC and under Section 146/196 of M.V. Act for accidental death of Dhruv Kumar Yadav ca